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Slater v. Skyhawk Transportation

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


August 10, 1999

BRANTLEY SLATER,
PLAINTIFF,
V.
SKYHAWK TRANSPORTATION, INC., MARK YOUNG, S.D. WARREN PAPER COMPANY, XYZ CORPORATION, ABC PARTNERSHIP, MARY DOE, AND JOHN DOE,
DEFENDANTS,
V.
S.D. WARREN PAPER COMPANY AND RECO CONSTRUCTORS, INC.,
THIRD-PARTY DEFENDANTS.

The opinion of the court was delivered by: Hon. Stephen M. Orlofsky

ORDER

This matter having come before the Court on its own Order to Show Cause why sanctions should not be imposed against Plaintiff's counsel, Gerald M. Eisenstat, Esq., pursuant to Rule 11 of the Federal Rules of Civil Procedure, for failing to conduct a "reasonable inquiry" to determine whether Slater's claim against S.D. Warren was "warranted by existing law," Fed. R. Civ. P. 11(b)(2), Gerald M. Eisenstat, Esq., of Eisenstat, Gabage, Berman & Furman, P.C., appearing on behalf of Brantley Slater, and Richard W. Yost, Esq., and John M. Campbell, Esq., of Yost & Tretta, Esqs., and Bennet I. Bardfeld, Esq., appearing on behalf of Skyhawk Transportation, Inc., Joseph M. Assan, Esq., of the Law Officers of Thomas Dempster III, appearing on behalf of S.D. Warren Paper Co., and James Francis Supple, Esq., of Fitzpatrick, Reilly, Supple & Gaul, appearing on behalf of Reco Constructors, Inc.; and,

The Court having considered the submissions of the parties, and for the reasons set forth in the OPINION filed concurrently with this ORDER; and,

The Court having found that Plaintiff's counsel, Gerald M. Eisenstat, Esq., has violated Rule 11 of the Federal Rules of Civil Procedure, by failing to conduct a reasonable inquiry into the law before filing the cross-motion to amend nunc pro tunc, on behalf of Plaintiff, Brantley Slater;

Accordingly, IT IS, on this 10th day of August, 1999, HEREBY ORDERED that Plaintiff's counsel, Gerald M. Eisenstat, Esq., is ADMONISHED.

STEPHEN M. ORLOFSKY United States District Judge

19990810

© 2000 VersusLaw Inc.



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